Maharashtra Government introduces the Maharashtra Lifts, Escalators and Moving Walks Act, 2017

The Government of Maharashtra (“Government”), vide notification dated 17th January, 2018, introduced the Maharashtra Lifts, Escalators and Moving Walks Act, 2017 (“New Act”), thereby, repealing the Maharashtra Lifts Act, 1939 (“Repealed Act”).

The Government of Maharashtra will notify the date on which this Act will come into force.

Key Highlights of the New Act:

On the commencement of the New Act, the Maharashtra Lifts Act, 1939 shall stand repealed, However, such repeal shall not affect

(a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued under the Repealed Act;

(b) any appointment, confirmation or declaration made or any license, permission, authorization or exemption granted under the Repealed Act;

(c) any document or instrument executed or any direction given under the Repealed Act;

(d) any investigation, legal proceeding or remedy instituted before the commencement of the New Act may be continued or enforced as if this Act had not been commenced

The New Act also makes provisions for escalators and moving walks alongside lifts.

Every owner of a place intending to install a lift or escalator or moving walk in the place after the commencement of this Act, has to get permission from the Electrical Inspector (Lifts) to erect lift or escalator or moving walk. No such authority was specified in the Repealed Act.
Such permission to install a lift or escalator or moving walk shall be valid for a period of one year, instead of only a period of six months as under the Repealed Act, from the date on which it is granted. Such validity may be further extended for a period of six months at a time as may be allowed by the Chief Electrical Inspector for sufficient reasons in writing

Every owner of a place, permitted to erect or install a lift or escalator or moving walk, has to, within one month (like under the Repealed Act) after the completion of the erection or installation of such lift or escalator or moving walk, intimate the Electrical Inspector (Lifts) of such completion and get a license for working or using the lift or escalator or moving walk.
License for working of the lift, escalator or moving walk, shall be valid for a period of twenty years from the date on which it is granted. No such period of validity was given under the Repealed Act.

Such license may be renewed for not more than five years at a time subject to satisfaction of the Electrical Inspector (Lifts) about the safe operation of the lift, escalator or moving walk.

Every owner of a place, in which an escalator or moving walk has already been installed before the date of the commencement of this Act, shall within six months from such commencement date apply for a license for the working of such escalator or moving walk to the Electrical Inspector (Lifts).

Any person or body of persons or body corporate having valid electrical contractor license issued by the Licensing Board constituted under the provisions of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (“Regulations”) framed under the Electricity Act, 2003, may make an application to the Electrical Inspector (Lifts) for a license for erection, maintenance and testing of lifts, escalators or moving walks.
Such license shall be valid for such period as the Government may specify by notification in the Official Gazette, subject to the validity of Regulations.

An application for the renewal of such license has to be submitted to the Chief Electrical Inspector through the concerned Electrical Inspector (Lifts) at least thirty days prior to the date of expiry of license or renewed license, as the case may be.

Like under the Repealed Act, no additions or alterations, which cause any change in the characteristics of the lift or escalator or moving walk, like change in passenger capacity, speed, stops, steps, etc., shall be made except with the prior permission in writing of an Electrical Inspector (Lifts).

Where any accident occurs in the operations of any lift or escalator or moving walk which resulting in injury to any person or loss of human life, the owner or occupier or authorized representative of the owner of the building, in which the lift or escalator or moving walk is working, shall report the accident and of any such loss or injury actually caused by the accident to only the Electrical Inspector (Lifts), instead of the Inspector of Lifts and in case of Greater Bombay to the Commissioner of Police and elsewhere to the District Magistrate as under the Repealed Act, or to such authorized officer and such other authorities as the State Government may by an order direct.

Every lift, escalator or moving walk is to be inspected periodically at least once in a year, instead of once in six months as provided under the Repealed Act, or at such earlier intervals, as the Government may specify by notification in the Official Gazette, by an Electrical Inspector (Lifts) or such officer appointed in this behalf by the Government.

The specifications for lift, escalator or moving walk and the material and apparatus used therein shall conform to the relevant standards, if any, as laid down by the Bureau of Indian Standards.
The number of lifts or escalators or moving walks to be installed in a premise and the spacing between them shall be as per the relevant Code of Practice of Bureau of Indian Standards or the National Building Code.

Background:

Due to rapid improvements in technology and standards, radical changes have been ushered in the field of lifts, and new equipment like escalators and moving walks have been introduced and it became expedient to make a comprehensive law to regulate the construction, erection, maintenance and safe working of all classes of lifts, escalators and moving walks and all machinery and apparatus pertaining thereto.

However, these new equipment like escalators and moving walks were not covered under the Repealed Act. Hence, the New Act has been introduced.

Source: The Government of Maharashtra